Minor errors in paperwork can easily be corrected by the law enforcement officer. I would expect you to get an amended citation in the mail.
Field Sobriety Tess can be a big issue in a DUI case, especially in a case where the blood alcohol content isn't excessive. In addition to the temperature an experienced DUI practitioner should have a lot of questions about how the Field Sobriety Tests were conducted. Some of things I would want to know about are: lighting in the area, weather...
You need a criminal defense lawyer, preferably one who handles a significant number of DUI case. Many people seem to believe that DUI cases are simple and you will find several attorneys who dabble in DUI matters. DUI cases can be complex matters. There is scientific evidence (chemical test) which may need to be challenged and if the matter goes to trial there will certainly be a prosectuion expert witness.
Also, there are numerous possible collateral consequenses to a DUI. The DMV will...
I'm not quite sure what you question is, but I'll give it a shot.
1st DUI - Oct 2000
2nd DUI - May 2009
2nd dui is within 10 years of your 1st DUI so it counts as a prior and the consequences are a little harsher. Longer possible jail time, longer license suspension.
Your 1st DUI will count as a prior until 10 years past the offense date. So, if you got your 1st DUI on October 15, 2000, it will count as a prior until October 15, 2010. After October 15, 2010 it will no longer...
Anything is possible. A dismissal is possible; however, you haven't told us much about your case. Attorneys can't guarantee results and if one does you should avoid them.
Here's what the prossecution has to prove:
1. You were driving; and
2. You were impaired or 0.08%BAC or more
The officer also had to have a legal reason to pull you over.
These are all issues an attorney will investigate.
Depending on the police agency, there may be video of the traffic stop.
As you already know, yours is not the typical DUI case. There are all sorts of issues a qualified DUI attorney can work with.
No one witnessed you driving?
I'm assuming since you were not the one who crashed that you did not have any injuries.
You were already at your house, so how do they prove when you had the alcohol.
Yes you have a chance!
What is the resisting arrest all about? You did not give any facts about this.
The prosecution has the burden of proof. They must...
You do not get to choose a public defender, one is just assigned to you. There are good public defenders and their are bad public defenders, the same is true with private attorneys. The major difference is that public defenders have staggering caseloads and are not able to give you the same level of personal attention as a private attorney.
No, the public defender will not represent you at the DMV hearing.
I rarely represent someone at a DMV hearing and not in court because much of the...
Yuor conviction for a wet reckless will never fully be taken off your record and for ten years it is considered a prior if you happen to get arrested/charged with a new DUI offense. You may have the conviction expunged pursuant to Penal Code 1203.4; however, this does not remove the convcition for all purposes.
To be eligible for relief pursuant to Penal Code 1203.4 (expungement) you must successfully complete probation. Assuming you have done so and paid all fines then you are eligible....
While my colleagues answers are legally sound and perhaps great advice in other counties, I don't believe any of they practice in Fresno County. Each county varies regarding their practices and procedures.
You essentially received a letter from the District Attorney informing you that they filed criminal charges against you. I'm guessing this isn't a huge surprise to you because the DA's Office probably met with you prior to filing charges and may have gotten your statement. If not, I'm...
I'm really not sure what your question is. Are you facing new charges, a violation of probation, or both? What are you on probation for? Do you have a prior criminal record and if so, what is it? Is this your first probation violation? If not, how many prior violations has there been.
Please try to provide some of this information and I will gladly answer your question.
A police officer must have reasonble suspicion to conduct a tracific stop and detain a person. Under most circumstances a plolice officer would not be able to get enough information about the driver by running th registration of the vehicle. Just becasue the registered owner has a suspended license doesn't mean the person driving the vehicle is the registered owner. Without some way of identifying who the driver is the officer would not be justified in pulling someone over for a suspended...